Good v. Martin
Supreme Court of the United States
Error to the Supreme Court of tbe ^Territory of Colorado. This action was brought by Ida Martin, the defendant in error,- in the ' District Court of Arapahoe County, Colorado Territory, against Parker B. Cheeney, William N. Shepard, and John Good, as joint makers, of ¡a certain promissory note executed there. June 29, 1866, and payable sixty days thereafter •to the order of Alexander'Davidson, by whom it was, before maturity, indorsed to the plaintiff.
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Error to the Supreme Court of tbe ^Territory of Colorado. This action was brought by Ida Martin, the defendant in error,- in the ' District Court of Arapahoe County, Colorado Territory, against Parker B. Cheeney, William N. Shepard, and John Good, as joint makers, of ¡a certain promissory note executed there. June 29, 1866, and payable sixty days thereafter •to the order of Alexander'Davidson, by whom it was, before maturity, indorsed to the plaintiff. The note was signed by the first two- defendants, and, before its delivery to the payee thereof, indorsed in blank by Good". Judgment by…
1Opinion of the CourtJustice Clifford
Decisions of a. conflicting character exist a,s to the nature and legal effect of the obligation which a third'person assumes who indorses his name in blank on á negotiable promissory note-before the payee and before the instrument is delivered to take effect. Courts of justice, in some jurisdictions, hold that suclr'a party is a second indorser, even though it be true that the payee may never indorse the instrument. Phelps v. Vischer, 50 N. Y. 69; Shafer v. Farmers’ & Mechanics’ Bank, 59 Penn. St. 144.
Even elementary rules show that he cannot be first indorser, for the reason that he is not…
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